3854-99-R Teamsters, Chauffeurs, Warehousemen and Helpers Local Union No. 141, Applicant v. Boehmers/Walloy A Division of St. Lawrence Cement Inc., Responding Party.
BEFORE: Timothy W. Sargeant, Vice‑Chair, and Board Members J. A. Ronson and D. A. Patterson.
DECISION OF THE BOARD; March 28, 2000
This is an application for certification.
The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the “Act”).
It appears to the Board on an examination of only the information provided in the application and the information and membership evidence filed by the applicant (see section 8(3) of the Act), that not less than forty per cent of the individuals in the bargaining unit proposed in the application for certification were members of the union at the time the application was made.
The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of St. Lawrence Cement Inc., the Boehmers/Walloy division, working at and out of the Cities of London and Tillsonburg, Ontario, and at and out of the Town of Aylmer, Ontario, save and except Foreman, persons above the rank of Foreman, office and sales staff.
The vote will be held on March 30, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
All individuals who had an employment relationship with the responding party in the voting constituency on March 23, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on March 23, 2000, the certification application filing date, include employees who were not at work on that date, so long as there is a reasonable expectation of their return to employment.
The responding party asserts that the description of the bargaining unit included in the application could not be appropriate as there should be a separate bargaining unit for each municipality, namely a separate bargaining unit for the City of London, a separate bargaining unit for the City of Tillsonburg and a separate bargaining unit for the Town of Aylmer. In the circumstances the ballots cast by employees working at and out of the City of London shall be segregated, as shall the ballots cast by employees working at and out of the City of Tillsonburg, as shall the ballots cast by employees working at and out of the Town of Aylmer. Such segregated ballots shall not be counted until the Board so orders or the parties agree.
Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
The employer has given notice under section 8.1 that is disagrees with the description of the bargaining unit included in the application for certification. The necessary bargaining unit determination will be made subsequent to the taking of the vote.
The employer has also given the Board notice under section 8.1 of the Act that it disagrees with the union’s estimate of the number of individuals in the bargaining unit included in the application for certification.
The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to each of the posted copies of the "Notice to Employees of Application for Certification". These copies must remain posted for 30 days.
Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, other than status disputes, including any matters relating to the representation vote, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received by the Board within five days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken. Representations with respect to any status dispute must be made in accordance with the directions provided in Information Bulletin No. 4: Status Disputes in Certification Applications (Non-Construction).
The matter is referred to the Registrar.
“Timothy W. Sargeant”
for the Board